and number: Date submitted: Legal aspect of nursing and the Ethics of nursing Healthcare providers (Nurses, physician, and physician assistants) have tremendous responsibilities. It is tremendously vital for a nurse to be aware of the lawful aspects that supplement delivery of care in the industry of healthcare…
Therefore, the law of nursing is meant to aide nurses in making decisions in order to prevent incidences that can course legal suits. In addition, law of nursing streamlines the services provided by nurses so that nurses can take liability for malpractices. The law is postulated to protect patients and nurses in delivering nursing care services (Barbara, and Phillips, 2013). It is advisable that nurses to familiarize with the Tort Law. Tort law chiefly deals with, negligence, and malpractice cases in the healthcare world. Nurses should be concerned with profound of accepting Tort Law because it creates one of the biggest panics in the medical world. Tort Law defines liabilities and responsibilities of nurses when providing nursing care to the patient. Tort is the wrongful act that generates harm intentionally or unintentionally. Malpractices in nursing are, therefore, a Tort in which nursing principals are not accomplished (Barbara, and Phillips, 2013). Hence, Tort Law is the common and known law that all healthcare practitioners are required to adhere to in order to prevent circumstances that may be observed as medical malpractices. (Barbara, and Phillips, 2013). ...
In the course of their education, nurses are made to comprehend that patient care is not only making decisions right, but also, organizing and maintaining accurate medical reports and records for the patients. A nurse who does not offer written evidence of the verdict made showing how the decision was attained at should be charged with negligence. Negligence is the failure of nurses to offer care that a sound nurse would use in a similar incidence (Barbara, and Phillips, 2013). In this case study, the hospital had enough evidence of suspending the nurse from her duties. By her diverting narcotic drugs, she posed substantial threats to her patient safety and this became a liability to the facility and the acute care department. However, the facility should consider humanistic, regulatory, legal, practical, and ethical considerations in solving the incidence. In addition, the discrepancies between the nurse’s patient electronic data on narcotics and the hand written notation on the paper record, was enough evidence for the nurse to be suspended for incompetence (Barbara, and Phillips, 2013). In the court, the plaintiff will be the nurse and the defendant will be the hospital. Before making a verdict whether the nurse’s grievances should be upheld in this case scenario, it is necessary first to look at the nursing ethics that was involved. Ethics is the principals of conduct and moral judgment. There are three key standards of healthcare ethics that was involved in this case scenario; justice, nonmaleficence, and beneficence. Beneficence is the act of promoting and doing well. For the purpose of the healthcare industry, healthcare providers work to stimulate their client’s best interest and struggle to attain best results. In the case study given, with the ...
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Nurses had the duty to manually document the patient details, time, route and dosage on paper based medical administration record (MAR). Later, discrepancies were noted in the electronic data and hand written records. The nurse was unable to make a reasonable explanation and was later suspended by the supervisor.
The author states that there are various tortuous liabilities that commonly brush the healthcare professionals in line of duty and this has always generated a heated legal battle between them and the clients. The law of tort in this case raised a liability against negligence. There are three major concepts surrounding negligence.
Malpractice involves a professional individual expressing an improper discharge of their responsibility which may result in damage or harm to another individual (deWit, 2001). On admission it was clear that Mr. Garcia case required delicate and intense care from the hospital and its staff.
Recently the patient has suffered a hemorrhagic stroke in the course of dialysis treatment. This has left him aphasic with right sided hemiplegia. Fortunately, there is a kidney available and the patient can undergo a kidney transplant. Evidently, Mr. Suarez is in a very critical health state and this casts doubt over his eligibility as a kidney transplant recipient.
The capacity of the nursing home is about 120 beds, including several specialised treatment departments. As the number of residents has been increasing steadily during the last five years the plans for extension of the capacity of the nursing home by the means of building additional wing are considered.
Other principles that were noted were giving medication a different route than prescribed; not charting the administration of medication in a timely manner and that the hospital has no policy on who should document the medication in case a nurse is working with a someone
erself admitted to frequently making records long after the medication had already been administered and hence making her records prone to error (Butts & Rich, 2008). It is of paramount importance that a nurse should keep accurate records of all narcotics dispensation, dosage as
Malpractice is also equitable to negligence of duty in nursing but not all malpractices are negligence.
There are conditions to filing a lawsuit against a nurse for a negligence claim. Such conditions include; there must be a medical condition
Failure to act as patients advocate. The physician did not discharge his duties in a manner that best suits the patient. The physician should have done his very best to ensure that the patient receives